Ampuero-Martinez v. Cedars Healthcare GroupAnnotate this Case
Plaintiff filed a medical malpractice wrongful death action against Cedars Healthcare Group, a facility at which Plaintiff’s father was a patient when he died, and other health care providers. Plaintiff sought records of adverse medical incidents from Cedars pursuant to Fla. Const. art. X, 25, which guarantees patients the right to “have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.” The trial court overruled Cedars’ objection to the discovery request. Cedars subsequently petitioned the district court for a writ of certiorari. Citing to Fla. Stat. 381.028(7)(a), the district court granted the petition on the ground that the request to produce asked for “records of adverse medical incidents involving patients other than the plaintiff” but did not limit the production of those records to the same or substantially similar condition as the patient requesting access. Prior to the district court’s decision, the Supreme Court, in Florida Hospital Waterman, Inc. v. Buster, declared section 381.028(7)(a) invalid. Accordingly, the Court quashed the decision of the district court in this case and remanded for reconsideration pursuant to Buster.